Lawson

A largeSafeway Inc. tractor-trailer was parked legally on the side of U.S. Route 101 (101) close to an intersection near Crescent City. The position of the tractor-trailer blocked the view of oncoming traffic for a driver attempting to cross and turn onto 101. The driver’s pickup truck collided with motorcyclist Charles Lawson, whose wife Connie B. Lawson was riding with him as they traveled on 101. The Lawsons filed suit for personal injuries against Safeway, the driver of the Safeway truck, the driver of the pickup, and the State of California. A jury awarded substantial damages to plaintiffs and apportioned 35 percent fault to Safeway, 35 percent to the State of California, and 30 percent to the driver of the pickup.

The primary issue on appeal is whether the driver of the Safeway truck owed a duty of care to those injured in the accident when he parked in an area that was not prohibited by the Vehicle Code or any other statute or ordinance.

The principal consideration in deciding whether a duty is owed is the foreseeability of the harm (Dillon v. Legg (1968) 68 Cal.2d 728, 740 [ 69 Cal.Rptr. 72 , 441 P.2d 912 ] (Dillon)), which “ ‘is not to be measured by what is…